|
November i% ~00,~
<br />
<br />Due Process -- Landowner removed fi'om town meetLng
<br /> ClaiJns tow~.rltip tJyi~g to ~zuz~le and malig~ h'im'
<br /> ,. zu~v~aazp o/Y;~diar~s, 3rd U.S. Circ~tir Court of Appectts,
<br /> zVo. p~_?n.7 2004
<br />
<br />PENE'4SYL.ki~NiA ~ 09/21/04') ~ Eichenlaub wanted to develop csnain pascals of
<br />property he owned, so he flied apphcarions for deveiopmenr. However, ~he ~own-
<br />~,%. m3~e,~ mcaemauo comply' with a number of regulations, such as engineer-
<br />ing fees and subdivision ordinances, before ~t wouId grant the necessa~/pe~ts.
<br /> Dunng a township Board of Supervisors meeting; Eichenlaub was repeti-
<br />tive and truculent, and repeatedly., inte~upred the chai~an of the me~m,.~"
<br />Eventually. Eicheniaub was removed. Around ~he same time, the towns~p con-
<br />rribu~ed to a newspaper article, which reconnted how Eichenlaub had vitiated
<br />an Indiana Township ordinance.
<br /> Eichenlaub sued, arguing the township violated his due process rights.
<br />The court ruled [n the township's ~
<br /> ~AVOr.
<br /> Eicheniaub appealed.
<br />DEC/SION: ,~~.
<br /> The misconduct alleged here did nor rise su~iciendy above what occu~ed
<br />in a normai zoning dispute.
<br /> Eichenlanb assm~ed the zoning officials applied subdivision requ2ements to
<br />his property rhar were not applied ro other parcels,, pursued unannounced and
<br />unnecessary inspection and enforcement actions, delayed certain pe~ts and
<br />appro,;nis, Mxproperly increased rzK assessments, and mahgned and muzzled ~.
<br /> · These complaints were examples of the ~nds of disagreements that
<br />quen[ly arose m pIannin~ disputes. Here, there was no allegation of co~uption
<br />or self-dealing. The bcal officials were not accused of seeing to hamper devel-
<br />opment in order ro interfere with otherwise constitutionally protected activity
<br />ar the project ske. or because of some bias against an ethnic group.
<br /> Whether a zonin~ otYicial's actions or inactions violated the Due Process
<br />Clause was decided by determinin5 whether ir shocked the conscience. What
<br />shocked the conscience was only the most egremous official conduct: other-
<br />'.,vise~ federal~,'[ou~ ...... ~ ,,vouid b8 turned into super zoning tribunals.
<br /> Ever,., ap~¢eaj by a Jixa~pomred.~ ~ ..... deveioper ~'~'na,~ an adverse ru~ino= of
<br />' ' ' ' ':,-, ...... , :-i.-i . of abuse of [emil aurho-ritT, however
<br />not every state iaw c:~aim couid be turned into a federal ciaim under the Due
<br />
<br /> .,,,. ~ ~ , r~ ' ~ ' C..
<br />
<br />· ',:' :' _Z.;',,: f:;.,'":':; .'. P:,:,,'::,:':': L:'-;tz,_;'./:' :' C... '~,~" faf i ~ :~ ' 2 ()tm(' '.
<br />
<br />86
<br />
<br />
<br />
|